Aussie sailor, adviser to Finland had genital herpes during stealthing charges, court hears
EXCLUSIVE
A Sydney to Hobart sailor and Australian adviser to Finland failed to tell his sexual partner he had genital herpes before taking his condom off midway through sex because he 'couldn't feel anything', a court has heard.
Anssi Paatero, 39, is awaiting sentencing in the NSW District Court after pleading guilty to one count of sexual intercourse without consent.
On June 6, the court heard how Paatero had sex with the woman aged in her 30s after attending a function at a Sydney sailing club and took the condom off midway through the act without her consent – an act known as stealthing.
Two days later, he also told the victim he had genital herpes and that she would need to get tested.
Paatero has raced in multiple high-profile Australian sailing events, including several Sydney to Hobarts.
Prior to his sentencing hearing, Paatero was also the vice-president of the Finland Australia Chamber Of Commerce – an organisation which advises on trade and business between the two nations. He has since resigned from the organisation.
The court heard how after leaving the function, the victim asked Paatero if he had condoms on him at about 1am before buying some herself at a local convenience store.
Court documents state that while the pair were in the taxi back to her house, she gave the condoms to the offender saying: 'Here I bought these. You take them.'
'During the sexual intercourse and whilst they were on the bed, the offender said to the victim,' Can I finish inside you? Meaning could he ejaculate inside her. The victim agreed, assuming he still had the condom on,' the court documents stated.
'As the offender ejaculated the victim realised that the accused was not wearing a condom as she could feel him ejaculate inside her vagina. She asked him where the condom was. The offender replied: 'I removed it. I couldn't feel anything.'
The next day, the victim messaged the offender stating: 'I will say I thought a lot about needing to get tested today. Won't lie, very unhappy about that.'
Paatero asked if he could cook her a 'semi-apologetic dinner' later that week before sharing some websites with her about testing clinics in the area.
'Appreciate the research,' the victim responded.
'I'll just go to [a] regular doctor.'
Victim learns about 'stealthing' offence
Two days after the incident, the victim spoke to a female friend, who told her it was a criminal offence, court documents state.
The victim attended her GP to be tested and Googled 'removing condom during sex' on the internet and became aware of 'stealthing'.
The victim then texted Paatero a Wikipedia page about stealthing.
'Don't worry. I'm not going to do anything but it's a really sh** thing to do. My point is … don't do it to anyone,' she wrote.
Paatero replied: 'Thank you for sharing this with me. All that is now well acknowledged with a shock.
'While apologies are in order from me to you, I would like an opportunity to discuss in person about shared responsibility, as I trust neither of us wants [to] actively work towards destroying a promising future after we shared also positive experiences together.
'I remember you saying you're pro no-drama. Please let me know.'
The victim responded: 'Cannot lie, I feel super sh**ty about this. I am sorry.'
Paatero said: 'That's a mature response. I see no reason to discuss further. Just thought I should educate you. I have to wait 6 weeks for blood tests. You'll hear from me if I have anything to share.'
The pair then spoke on the phone where the victim stated: 'It is an offence you can't be doing this to people. If you do it to someone else. They will report you.'
Paatero then told her about his genital herpes.
'Since you were honest with me, I'll be honest with you,' he said on the phone.
'You know how people get cold sores? Well I have it down there.'
The victim responded: 'Are you freaking kidding me, you're telling me that you have genital herpes and you removed the condom knowing you have it?'
Paatero told her there was 'so much stigma' behind the disease.
'People live with it and have happy lives,' he told her.
The victim ended the phone call and Paatero messaged her.
'Hi. Tried to call you back. Dear God I feel terrible,' Paatero wrote.
The victim told him she felt 'literally sick'.
'I am truly sorry and I now fear for my life,' Paatero told her.
The victim told him what he had done was 'completely f**ked up'.
'You realise you will change my life if you've give me that,' she said.
The victim then reported the matter to police.
Paatero continued to message the victim.
'I trusted you enough to tell you the most intimate secret after you reassured me with friendly relations,' he said.
'For what it is worth, I too once was given it by a partner and I was able to forgive them. I wish for us to stay as friends and I hope to be able to support you in any way.'
The victim asked Paatero to stop contacting him.
Police arrested Paatero the next day – three days after the incident.
Court documents state Paatero made 'a number of admissions to police' in body-worn video.
Paatero told police he was worried he removed the condom as he wasn't 'pleasing her.'
'I remember telling her that I lost erection and I can't feel her. And the type of person I am, I was worried about you know not being able to please her,' he told police.
'I'm not sure if I told her if I removed the condom, but it was without any malicious intent, it was in the good intention of being able to please her.'
The police officer asked Paatero why he decided to remove the condom and have sex with the victim whilst 'knowingly infected with genital herpes'.
Paatero responded: 'Being drunk and stupid and not thinking straight, in the heat of the moment.'
Former CYCA commodore provides reference letter
During his sentencing hearing, Paatero's lawyer Paul Hogan told the court his client had been 'unable to go interstate' to work as a professional sailor due to his bail conditions.
He also argued Paatero had saved the court time as he changed his plea to guilty before going to trial.
Mr Hogan also submitted several character witnesses for Paatero, including former Cruising Yacht Club of Australia commodore David Kellett AM.
Mr Kellet said the offender was a 'fine young man' with 'very high moral standards' who he had worked with on the yacht Sydney.
'I had no hesitation in entertaining Anssi at our home and aboard the yacht and in the yacht club in the company of my wife and daughter.
'Indeed, we have several women in our crew which Anssi treats with the utmost respect.'
A reference was also submitted from executive board member Sanna Ruuskanen from the Finland Australia Chamber of Commerce, who said Paatero was 'well-regarded' in the Nordic business community in Australia.
Crown solicitor Roger Murray argued this case was unique in that Paatero had a good upbringing and had forged a 'successful career in sailing' and other 'sporting endeavours'.
'It's usually the inverse of what we normally see,' Judge William Fitzsimmons said.
Judge Fitzsimmons said the victim made clear she wanted Paatero to use a condom as she had gone to the lengths of asking him and purchasing the condoms at 1am prior to the sexual encounter.
Judge Fitzsimmons also said he has not yet decided whether Mr Paatero, who donned an Australia and Finnish flag pin during the hearing, will be facing full-time custody as a result of his offending.
The court also heard Sydney is yet to have a sentencing for the charge of stealthing, which was brought in to NSW legislation in 2023.
The first conviction for the charge was in Wollongong in 2023 for a different offender.
He will be sentenced on August 1.
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